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  • Article

    Court Affirms Stay Of OSHA Vaccinate-or-Test Emergency Temporary Standard

    In a very strongly worded 22-page opinion, the U.S. Court of Appeals for the Fifth Circuit reaffirmed its earlier stay of OSHA's COVID-19 Emergency Temporary Standard calling for employee vaccination or weekly testing ...
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Early Retirees May Receive Unemployment Compensation, Pennsylvania Supreme Court Rules

    For more than 20 years, Pennsylvania retirees who accepted an early retirement incentive plan have been denied unemployment compensation benefits under the Unemployment Compensation Law (UC law).
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
Article

Employees Involved In Internal Investigations Of Discrimination Are Protected From Retaliation

In a case which follows the adage that bad facts make bad law, the United States Supreme Court has held that an employee who responded to an employer’s questions in an internal investigation of a complaint of employment discrimination is protected by the anti-retaliation provisions of Title VII of the 1964 Civil Rights Act.
United StatesEmployment and HR
Cozen O'Connor
Cozen O'Connor
  • Article

    Federal Courts Make It More Expensive For Employers In PA, NJ and DE To Resolve Discrimination And FMLA Claims

    I n a pair of decisions earlier this year, the United States Court of Appeals for the Third Circuit, which has jurisdiction over federal claims arising within Pennsylvania, New Jersey and Delaware, and a district court within the Eastern District of Pennsylvania issued decisions which will make it more expensive for employers facing claims of employment discrimination or claims under the Family Medical Leave Act to resolve those claims.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Florida Law Prohibits Vaccination Mandate Without Five Specific Individual Exemptions

    The Department of Legal Affairs within the Attorney General's Office is required to issue rules explaining the investigation and complaint procedures to enforce the new laws.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Hiring Again? 2012 Trends (Part 2 Of 2)

    On Monday, I talked about the latest initiative by state legislatures to prevent employers from demanding that applicants provide their social media passwords.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Monthly Wage Hour Tip – Travel Time

    One of the areas of wage and hour law which often creates confusion is payment for travel time.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    New Year, New Development On Old Issue

    While we were all enjoying the days leading up to the New Year, the NLRB (somewhat) quietly backtracked again on its deadline for virtually all employers to comply with its proposed posting rule.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    NYS DOL Publishes Model Airborne Infectious Disease Exposure Prevention Plan Under HERO

    On July 6, 2021, the Department of Labor for the state of New York published its model Airborne Infectious Disease Exposure Prevention Plan (the Model Plan) under the New York Health...
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    OSHA's Redesigned Whistleblower Protection Program Website

    Nor does it appear that this trend will be ending soon.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    OSHA Publishes Final Hazard Communication Rule

    The Occupational Safety and Health Administration (OSHA) has released its final revised Hazard Communication Standard (HCS).
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Philadelphia City Council Passes "Ban The Box" Legislation; Mayor Nutter Expected To Sign Bill Into Law

    On March 31, 2011, Philadelphia City Council passed a "Ban the Box" bill, regulating the ability of employers to conduct criminal background checks in the employment process.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Philadelphia Enacts Ban The Box Legislation Limiting Inquiries Into The Criminal Backgrounds Of Job Applicants

    On April 13, 2011, Philadelphia Mayor Michael Nutter signed Bill No. 110111-A into law (the "Ban the Box" legislation). The law amends the Philadelphia Code by enacting a new chapter, Chapter 9-3000, entitled "Fair Criminal Record Screening Standards."
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Purchaser Of Assets May Be Liable As Successor For Seller's Unpaid Benefit Fund Contributions

    Under the traditional common law rule of successorship liability, it is well established that, absent a specific agreement to the contrary, an entity that purchases the assets of another entity does not assume the seller’s liabilities unless one of the following exceptions applies:
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Sixth Circuit Court Of Appeals Lifts OSHA's ETS Stay: What Now?

    On December 18, 2021, the Sixth Circuit Court of Appeals lifted the Fifth Circuit's national stay of OSHA's general duty COVID Emergency Testing Standard (ETS) that covers private employers with 100 or more employees.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Supreme Court Agrees To Decide Split On NLRB’s Authority To Act With Two Members

    On November 2, the Supreme Court agreed to decide whether the National Labor Relations Board can decide cases with its current complement of only two Board members.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Supreme Court Hears Arguments On Offer Of Judgment Tactic

    This week, one of Cozen’s clients, Genesis Healthcare, argued before the Supreme Court that employees who are fully compensated for a wage and hour claim should have no right to proceed with a collective action.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    The Benefits Of Criminal Background Screening For Your Company

    While the EEOC's position on the use of criminal background checks adds to the time and cost of implementing a screening policy, there remain many benefits to screening potential candidates.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    The NLRB Grants Itself An Adjournment

    Back on August 31st, I blogged about the Final Rule issued by the NLRB that required all employers subject to the National Labor Relations Act (virtually everyone) to post an 11-inch by 17-inch notice advising employees of their rights under the Act beginning on November 14, 2011.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    UPDATE - NLRB Proposed Notice-Posting Rule Is Upheld

    You will remember my January 4, 2012 and October 13, 2011 posts about the multiple lawsuits that have been filed in court to strike down the NLRB’s proposed notice-posting rule.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
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